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MODULE 4:

4.1 IBBI
4.2 Insolvency Professional Agencies
4.3 Insolvency Professionals
1. Information Utilities
1. Insolvency Professional Entities

Suggested Readings:
1. https://ipaicmai.in/
2. https://www.ibbi.gov.in/
3. https://www.mca.gov.in/Ministry/pdf/TheInsolvencyandBankruptcyofIndia.pdf
4. https://www.ibbi.gov.in/uploads/publication/a30d234862670f06b5a128a1bf208
083.pdf
5. https://www.ibbi.gov.in/uploads/publication/e42fddce80e99d28b683a7e21c811
10e.pdf
6. Law of Insolvency in India By: Mulla, D. F
7. Law of Insolvency By: Singh Avtar.
8. Insolvency and Bankruptcy Code, 2016 Bare Act (Print/eBook) by EBC,
Edition: 8th, 2021
9. Insolvency and Bankruptcy Code: Law and Practice by Akaant Kumar Mittal,
Edition: 2021
10. Taxmann's Insolvency and Bankruptcy Code 2016 (latest edition)
11. Vivek Sood, Emergence of Commercial Justice, Bloomsbury, 2021

Drafting Pleading and Conveyancing II


LL B Semester IV/ B.L.S LL.B Semester VI
Course Outline
Course Objectives
The primary objective of the course is to train the students in putting the thoughts into words
with respect to the Legal Drafts. The students will be trained in drafting of conveyances and
other essential documents. The course aims at equipping the students with drafting skills to
give more exposure to the nature of legal language and the issues related to drafting legal
documents. This course intends to cover the traditional conveyances, pleadings in matrimonial
and family matters, partnership and corporate drafts which are particularly listed in the
modules.
Course Outcomes:
By the end of the course the students will be able to
1. Draft conveyances included in the syllabus
2. Draft wills and codicils

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3. Understand registration of documents
4. Draft partnership and limited liability partnership deeds
5. Draft pleadings in matrimonial and family matters included in the syllabus
6. Draft RTI, application for CIRP, winding up petitions, notice for AGM and defective
goods
7. Have the practical exposure to drafting deeds, conveyances and matrimonial petitions
8. Independently draft the deeds and the petitions after thorough legal research
9. Have the ability to defend the case undertaken by identifying the issues and providing
solutions to resolve considering the facts in issue.
4 10. Identify different stages in matrimonial case and prepare for court trial and proceedings
like cross examinations and arguments
Module I
1.1 Sale Deed
1.2 Mortgage Deed- Simple, English, Mortgage by Conditional sale, Usufructuary,
mortgage
1.3 Lease deed, Leave and License Agreement
1.4 Exchange Deed
1.5 Gift Deed
1.6 Trust Deed
1.7 Registration of Documents- S 17, 18 Indian Registration Act, 1908
1.8 Partnership Deed

Module II
2.1 Matrimonial Petitions- Divorce Petitions, Mutual Consent Divorce Petitions
2.2 Application for Maintenance
2.3 Application for Custody
2.4 Pleadings for restitution of conjugal rights
2.5 Nullity of marriage

Module III
3.1. Limited Liability Partnership Deed
3.2 Petitions for winding up a company under Companies Act 2013
3.3 Draft Notice for Annual General Meeting and Special General Meeting
3.4 Legal Notice for Defective Goods
3.5 Application for Corporate insolvency resolution under IBC 2016

Module IV
4.6 Will and Codicil
4.7 Application for heirship certificate

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4.8 Testamentary Petition for Succession Certificate (Probate)
4.9 Application for Certified Guardian
4.10 Adoption Deed under Juvenile Justice Act, 2015
4.11 RTI applications, reply, appeal

SUGGESTED READINGS
1. Shiva Gopal, Conveyancing, Precedents and Forms, EBC, 2016
2. Hargopal, Hargopal's Legal Draftsman - A Comprehensive Guide to Deeds and
Documents in 2 Vols.

PROGRAM: 3Yr/5 Yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: V/IX

Course Title-: CIVIL PROCEDURE CODE 1908 AND LIMITATION ACT 1963

Course Code: Credits: 4

Teaching Scheme:

COURSE OUTLINE
COURSE OBJECTIVES:
Study of procedural law is enormously pertinent for law students. This course is designed to
acquaint the students with the various stages through which a civil case passes through in the
courts of law. The course also includes law of limitation. The course aims to assist the students
to understand the practice and procedure in the conduct of suits in and out of the court. It will
also analyse this consolidated code with the substantive laws with regard to the procedure to
be followed by the civil courts and thereby help in facilitating justice. The course thus explains
in detail the role of civil court and the procedures to be followed in the administration of civil
justice. Overall, this course makes an endeavour to familiarize the students with the plaints,
written statements, Interlocutory applications, issuance of commissions, trial and other aspects
of civil court proceedings which prepares the students adequately for practice in courts.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Understand the Civil Court procedures to be followed in India.
2. Recall and apply the standard and uniform procedure to deal with the civil matters in
issue.

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3. Identify the procedure of execution of decrees, attachment and sale of property in
execution and the importance of limitation of time in filing of suit, debt recovery,
filing of appeals, review, revision and impact of delay on suit or appeal.
4. Apply the rules relating to the procedure of issuance of summons, substituted service
of summons, admission and impounding of documents and conducting civil trial in
courts.
5. Understand the procedure of examination of witnesses and different categories of
witnesses involved in a suit or proceeding.
6.

MODULE 1: Introduction (Section 2-Section 25)


1. Definitions
2. Concepts: Res-sub judice, Res judicata, set off, counterclaim
3. Essentials of a suit
4. Cause of action and jurisdiction and its kind
5. Place of suing
MODULE 2: Of suits (Section 26-Section35, Order I-Order XX)
2.1 Parties to a suit (Order I Order III)
Death, marriage and insolvency of parties (Order XXII)
2.2 Institution of a suit (Order IV and V)
2.3 Pleadings, plaint and written statement
(Order VI- Order VIII)
2.4 Appearance of parties and consequence of non-appearance (Order IX)
2.5 Examination of Parties, Interrogatories, Discovery and inspection, Admissions, documents
(Orders X, XI, XII and XIII)
2.5 Framing of issues, Disposal (Order XIV, XV)
2.6 Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order
XVI-Order XXA)
2.7 Withdrawal and adjustment of suits (Order XXIII)
2.8 Special suits Orders XXVII to XXXIV

MODULE 3: Execution and other procedures (Orders XXI)


3.1 Meaning of execution
3.2 Mode of execution and stay of execution (Order XXI)
3.3 Arrest, detention and attachment (Order XXI and XXXVIII)
3.4 Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV.
XXV and XXVI)
3.5 Interim orders, Temporary injunction (Order. XXXIX)

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3.6 Interpleader, Special case and Summary procedure (Order XXXV, XXXVI and XXXVII)

MODULE 4: Receivers, Appeals and other procedures and Law of Limitation

4.1 Appointment of Receivers (Order XV)


4.2 Appeals, reference, review, revision (Order XLI XLVII)
4.3 Miscellaneous, Chartered HCs, Provincial and Presidency Small Causes Courts (Orders
XLVIII-LI)
4.4 Object and features of Limitation Act, 1963
4.5 Bar of limitation (S.3-5)
4.6 Legal disability (S.6-10)
4.7 Computation of period of limitation (S.12-24)
4.8 Effect of acknowledgment in writing and part-payment (S. 18-20)
4.9 Acquisition of ownership by possession (S. 25-27)

SUGGESTED READINGS:
1. C.K. Takwani: Code of Civil Procedure
2. Mulla: Code of Civil Procedure, Universal Law Publishing Delhi
3. M.P. Tandon: Code of Civil Procedure
4. Avtar Singh: Code of Civil Procedure, Central Law Publications
5. J.D. Jain: Limitation Act
6. S. R. Myneni, Law of Limitation, Asia Law house
7. Civil Procedure Code, 1908
8. Limitation Act, 1963
9. Code of Civil Procedure by Sarkar
10. Law of Limitation by Mulla

PROGRAM: 3 Yr /5 Yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

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Semester: V/IX

Course Title-: CRIMINAL PROCEDURE CODE 1973, THE JUVENILE JUSTICE


(CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND THE PROTECTION
OF CHIDLREN FROM SEXUAL OFFENCES (POCSO) ACT, 2012.

Course Code: Credits: 4

Teaching Scheme:

COURSE OUTLINE
COURSE OBJECTIVES:
This course is specifically designed to assist students in understanding the importance of the
Code of Criminal Procedure which is one of the essential acts in India as well as the primary
legislation on the procedure for administering criminal justice. The course is aimed at driving
home the students how the pretrial, trial and the subsequent process are geared up to make the
administration of criminal justice effective. The course will acquaint the student with
organization of the functionaries under the Code, their power and functions at various stages
and the procedure according to which these powers and functions are to be exercised The
substantive law has to be applied through the uniform procedure as laid down which will be
undertaken on completion of the course. The students will also understand the reason and
manner of administering the punishments for any given offence under the substantive Penal
Laws. The course will help in understanding the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence, determination of guilt or
innocence of the accused person, and the determination of punishment of the guilty. The
objective is also to sensitize the students about critical issues in administration of criminal
justice like protection of human rights of victims and the principles of fair trial. The students
will also undertake the study of two cognate Acts as a part of this course viz; Juvenile Justice
Act (care and Protection of Children) 2015 and Protection of Children from Sexual Offences
(POCSO) Act.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Identify the stages in investigation and procedure of trial in criminal cases.
2. Explain the powers, functions, and duties of police and criminal courts.
3. Critically analyze the recent amendments in the Criminal Procedure Code.
4. Employ and promote adoption of humane and just practices in administration of justice.
5. Analyse the time period between when a crime has been committed until the time the
sentence against the crime is passed and the case is closed.
6. Understand the machinery to be adopted by the State when a violation of the penal law,
i.e., offence under the Indian Penal Code, has been detected or reported.
7. Analyse the principles and procedure that must be followed while prosecuting and
adjudicating other claims.
8. Thoroughly understand the investigation, inquiry and trial of the offences governed by
the provisions and subject to any other law that may be in force which regulates the
manner of investigation, inquiry or trial of the matter.

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9. Understand and apply he Juvenile Justice (Care and Protection of Children) Act, 2015
and The Protection of Children from Sexual Offences (POCSO) Act, 2012

MODULE 1:
1.1 Object Purpose and History of the Criminal Procedure Code.
1.2 Definitions Section 2
1.3 Constitution and Powers of Criminal and Executive Courts
Section 6 to 35
1.4 Powers of Superior Officers of Police Section 36
Aid to the Magistrates and the Police Section 37 to 40
1.5 Arrest of Persons- Section 41 to 60
1.6 Process to Compel Appearance and Production of Things and
Reciprocal Arrangements Sections 61 to 105L
1.7 Preventive and Precautionary Measures of Security
Proceedings Section 106 to 124, Section 129 to 153.
1.8 Maintenance of Wives, Children and Parents Section 125 to
128
1.9 Information to the Police and their Powers to Investigate
Section 154 to 176
1.10 Jurisdiction of the Criminal Courts in Inquiries and Trials-
Section 177 to189.

1.11 Cognizance of Offences and Commencement of Judicial


Proceedings Sections 190 to 210

MODULE 2:

2.1 Charge Section 211 to 224


2.2 Trial before various Courts
a. Court of Sessions-Section 225 to237
b. Warrant Cases by Magistrates-Sections 238 to 250
c. Summons cases by Magistrates- Section 251 to259
d. Summary Trial-Section 260 to265

MODULE 3:

3.1 Mode of Taking Evidence and General Provisions as to


Inquiries and Trials - Section 266 to 352
3.2 Judgement Sections 353 to 365
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3.3 Appeals-Sections 372 to 394
3.4 Reference and Revision-Section 395 to 405
3.5 Provisions as to Bails and Bonds Section 436 to 450
3.6 Irregular Proceedings-Section 460 to 466
3.7 Limitation for taking cognizance Sections 467 to 473

MODULE 4:

1. The Juvenile Justice (Care and Protection of Children) Act, 2015

Chapter I & II Preliminary and General Principles of General


Care and Protection of Children.

Chapter III Juvenile Justice Board.


Chapter IV Procedure in relation of children in conflict with
Law.
Chapter V Children Welfare Committee.
Chapter VI Procedure in relation to children in need of care
And protection.
Chapter VII Rehabilitation and social re-integration.
Chapter VIII Adoption
Chapter IX Other offences against Children.
Chapter X Miscellaneous.

1. The Protection of Children from Sexual Offences (POCSO)


Act, 2012 (POCSO Act)

Chapter I Preliminary and General Principles of General


Care and Protection of Children.

Chapter II Sexual Offences against Children.


Chapter III Using Child for Pornographic Purposes and
Punishment Therefor.
Chapter IV Abetment of and Attempt to Commit an Offence.
Chapter V Procedure for reporting of cases.
Chapter VI Procedures for recording statement of the child.
Chapter VII Special Courts.

Chapter VIII Procedure and Powers of Special Courts and

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Recording of Evidence.
Chapter 1X Miscellaneous.

RECOMMENDED READINGS:
1.
2. Ratanlal and Dhirajlal Criminal Procedure.
3. B. B. Mitra - Code of Criminal Procedure.
4.
5.Mishra-Code of Criminal Procedure.
6.Criminal Manual Gupte & Dighe
7.The Bombay Police Act - Puranik
8.Juvenile Justice (Care & Protection of Children) Act, 2000 -Bare Act
9.The Protection of Children from Sexual Offences (POCSO)
Act, 2012 (POCSO Act) Bare Act
1. Commentary on Protection Of Children From Sexual Offences Act 2012 by Nayan Joshi,
Kamal Publishers

PROGRAM: 3 Yr/5 Yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: V/IX

Course Title-: LABOUR LAW AND INDUSTRIAL RELATIONS-II

Course Code: Credits: 4

COURSE OUTLINE
COURSE OBJECTIVES: This is a second course on Labour Law as required by the Bar
Council of India. This course includes the study on Wages and Minimum Wages and putting
concepts in their practical perspective. It aims in providing an elementary understanding of the
penalties and offences under Child Labour (Prohibition and Regulation) Act and also providing
extensive knowledge regarding Powers and Duties of Authorities under Standing Orders Act.
The course is designed to provide knowledge of the Industrial Employment (Standing Orders)
Act, 1946 and Employee State Insurance Act, 1948 and Employee Compensation Act, 1923
and the Unorganized Workers Social Security Act, 2008.
Outcome:
After completion of the course the students will be able to
1. Understand the technicalities of payment of wages and minimum wages and apply the
relevant provisions of law.
2. Understand and apply The Child Labour (Prohibition and Regulation) Act, 1986.

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1. Understand the powers and duties of Authorities under Industrial Standing Orders Act.
Comprehend the nature and legal provisions of Employee State Insurance Act.
1. Understand the concepts and principles of Employee Compensation Act.
1. Understand the principles and authorities under the Maternity Benefit Act, 1961
1. Understand and apply the Unorganized Workers Social Security Act, 2008
Module I.
PAYMENT OF WAGES ACT, 1936 AND MINIMUMWAGES
ACT, 1948.
1. Object and Salient features with various Definitions
under the Act.
2. Deductions and Contracting Out.
3. Authorities under the Act.
4. Fixation and Revising of Minimum Wages.
5. Regulation of working conditions.
6. Overtime and Settlement of Claims.

Module II: -
STANDING ORDERS ACT, 1946.
1. Concept Employee, Employer, Dependent, Disablement and its
kinds.
2. Conditions &
Exceptions.
3. Computation of Compensation.
4. Commissioner Jurisdiction, Power etc.
5. Legal nature and feature of Standing Order
6. Procedure, Power, Penalties and Interpretation of Standing Order

Module III EMPLOYEE STATE INSURANCE ACT, 1948 AND THE MATERNITY
BENEFIT ACT, 1961.
1. Concept Employment injury, principal employer, delivery,
maternity benefit etc.
2. Corporation, Standing Committee and Medical Benefit Council.
3. Finance, Audit, Contributions and Benefits.
4. Adjudication of Disputes and Claims.
5. Claim for maternity benefit and payment thereof.
6. Inspector Appointment, Power, Duties and Penalties.

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Module IV THE UNORGANISED WORKERS SOCIAL SECURITY ACT, 2008
AND THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986.
1. Concept: Home based worker, self-employed worker,
unorganized sector etc.
2. Social Security Board for Unorganized Workers.
3. Administrative Mechanisms Composition and Powers.
4. Prohibition of Employment of Children in certain Occupations.
5. Regulation of Conditions of Work of Children.
6. Procedure relating to offences and Penalties.

Suggested Readings
S.C. Srivastava Industrial Relations and Labour Laws.
Dr. V.G. Goswami Labour Industrial Laws.
S.N. Mishra Labour and Industrial Laws.
O.P. Malhotra Law of Industrial Disputes.
Dr. Avatar Singh Introduction to Labour and Industrial Laws

PROGRAM: 3 Yr/5 Yr Professional Law


Third Year LLB/ Fifth Year B.L.S LL B

Semester: V/IX

Course Title-: PUBLIC INTERNATIONAL LAW


Course Code: Credits: 4

COURSE OBJECTIVES:

In a world where nations have come too close due to developments of technology, international
law shapes national law; further there is more need to have sound knowledge of international
legal principles. The aim of the course is to acquaint the students with the fundamental concepts
and broad view of Public International Law and its complex nature. It also aims to familiarize
the students with the origin and nature of Public International Law. It explores concepts like
State, Recognition and Jurisdiction of States in International Law. Special attention is paid to
the belief and notion of State Responsibility and topical issues in International Law. For
example, the international framework with respect to extradition, asylum and the Law of the
Sea. The course is planned in a meticulous manner to assist the students to focus on the
The course includes
the study of general principles of international law including law of peace. Third world
concerns in respect of security and development and the role of U.N. and International

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Agencies in structuring solutions in the context of changing balance of power are also to be
ct to International Law.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Understand the basic concepts of International Law and its complex nature.
2. Critically analyse the notions, related to recognition and jurisdiction of State in
International Law.
3. Examine the international framework with respect to certain current issues in
international law like extradition and asylum.
4. Evaluate and suggest measures in cases of international conflict
5. Critically examine the operation and application of International Law in practical
contexts.

MODULE1:
1.1. Nature, Origin and Historical Development of International Law
1.2 Definitions of International Law
1.3 Fundamentals of International Law Theories and Doctrines in International
Laws
1.4 Definition of Nationality, Concept of Double Nationality, Distinction between
Nationality and citizenship
1.5 Sources of International Law:
Custom
Treaties
General principles of Law, Recognized by Civilized Nations
Judicial Decisions
Writings of Jurists
Equity
Resolutions of the General Assembly
1.6 Relationship between International Law and Municipal Law, Monistic Theory,
Dualistic Theory)
1.7 Recognition of States and Government

MODULE 2:
2.1 State Territory
Constitution, acquisition, loss

2.2 State Jurisdiction


2.3 State Responsibility
2.2

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2.4 The Law of the Sea: (Law of Sea Convention, 1982)
2.4.1 Maritime Zones:
A. Territorial Sea:
i.Anglo-Norwegian Fisheries Case (United Kingdom v. Norway), ICJ Rep. 1951, p.116
ii.Corfu Channel Case, ICJ Rep. 1949
B. Contiguous Zone
A. Continental Shelf
A. Exclusive Economic Zone
A. High Seas
2.4.2 Delimitation of Adjacent and Opposite Maritime Boundaries:
A. North Sea Continental Shelf Cases, ICJ Rep. 1969
B. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982
C. Republic of Italy v. Union of India (2013) 4 SCC 721
D. In the Matter of the Bay of Bengal Maritime Boundary Arbitration (between the
Republic of Bangladesh and the Republic of India),2014

International Sea-bed Area


2.6 International Seabed Mining:-Parallel System of Mining

MODULE 3:
3.1 Law of Treaties
Definition, kinds and essentials
Inception, interpretation of treaties
Rights and duties of parties
Validity and enforcement
3.2 The United Nations Organisation:
A. The United Nations Organisation
B. The General Assembly
C. Security Council
D. United Nations Economic and Social Council
E. The International Court of Justice (ICJ)
F. The Secretariat
G. The International Trusteeship System and Trusteeship Council
3.3 International Specialised agencies Protection Agencies and NGOs
1. ILO
2. WTO
3. Amnesty international
4. UNESCO.
5. UNICEF
6. UNDP and UNEP
MODULE 4: Contemporary and Allied Laws under International Laws:
4.1 WHO, Global Health law Consortium Communicable Diseases, and the
International Health Regulations
4.2 International Health Regulations (IHR)
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4.3 General Principles of International Trade Laws, UNCITRAL, International
Arbitration Laws and TRIPS
4.4 International Laws on Air and Space Rights

RECOMMENDED READINGS:

1. I A Shearer
2. Dr. S. R. Myneni Asia Law House's Public International Law--
3. Dr. S. K. Kapoor Central Law Agency's International Law & Human Rights--
4. Dr. H. O. Agarwal Central Law Publication's International Law & Human Rights
for LL.B & LLM--
5. Olivier De Schutter Cambridge University's International Human Rights Law [Cases,
Materials & Commentary]--
6. V. K. Ahuja, Lexis Nexis's Public International Law--
7. S. K. Verma Satyam Law International's, An Introduction to Public International Law-
-
8. Malcolm N. Shaw Cambridge University's International Law --
9. Ivan Anthony Shearer, J. G. Starke w
10. Dr. Sai Ramani Garimella ,Central Law Publication's Private International Law
(Conflict of Laws)--
11. M.P. Tandon & V.K. Anand ,Allahabad Law Agency's International Law & Human
Rights--
12. James Fawcett & Janeen M. Carruthers, Oxford's Cheshire, North & Fawcett: Private
International Law--
13. Ian Brownlie, Principles of Public International Law, Oxford University Press, 2008
14. Gurdip Singh, International Law, Eastern Book Company, 2015
15. Lassa Oppenheim, Robert Jennings and Arthur Watts
Law, Oxford University Press, USA, 2008
16. Jain Kanade & Vishal Kanade Public International Law A Primer, Lexis Nexis,
2013
17. Tim Hillier Sourcebook on Public International Law, Routledge,1998

LL B Semester V / Semester IX BLS LLB


PRACTICAL TRAINING III Moot Court Exercise and Internship
Course objectives
This third course on practical training as prescribed by BCI aims at imparting training in court
prescribes actual court visits,
virtual court visits and visits to advocates offices apart from exercises in moot courts. The
objectives are: to familiarize the students with the proceedings in civil and criminal courts and

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to prepare them to play effective role as officers of the court to familiarize the students with
the work at advocates offices/ law firms
to train the future lawyers in the art of arguing the matters

Course outcomes
At the end of this third course on practical training the students will be able to
1. Understand the civil and criminal court proceedings
2. Understand the nature and magnitude of work in advocates offices/law firms
3. Argue and counter argue in litigation matters
4. Learn the art of report writing
5. Learn the art of writing moot court memorials/ arguments

Module I Moots
1.1 Study and analysis of Moot problems including issues involved
1.2 Drafting of Moot Memorials/ Arguments
1.3 Studying laws, rules and case laws for Moot Problems

Module II Observance of trial proceedings


2.1 Attending and Observing Trial proceedings- civil and criminal
2.2 Observing live telecast of court proceedings
2.3 Writing brief report on proceedings attended

3.2 Internship details - daily dairy to be maintained, court attendance, Lawyer's /Firms
certificate
3.3 Report of learning various skills during internship

Module IV
4.1 Viva Voce
4.2 Moot- oral submissions

Suggested Reading

1. Moot Courts and Mooting by Abhinandan Malik, Edition: 2015, Reprinted


2016
2. The Art of Argument: A Guide to Mooting, by Christopher Kee, Deakin
University, Victoria- 2007

1. Moot Court, Exercise and Internship, Dr. S.R. Myneni, Asia Law House, Edition: 2 Ed
2021
1. Developing Skills Through Moot Court & Mock Trails (English, Paperback, Ujjwala
Sakhalkar)
1. Arguendo : A Moot Court Handbook by Satyendra Mani Tripathi, Central Law
Publications,
1. Justice Malik, The Art of A Lawyer, Universal Law Publishing Company
1. P Ramanatha Aiyer, Cross Examination, Lexis Nexis

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PROGRAM: 3 Yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: LAW OF EVIDENCE

Course Code: Credits: 4

COURSE OUTLINE

COURSE OBJECTIVES:
The Course is designed to provide the students with a conceptual and practical understanding
of meaning, purpose and application of rules of evidence in relation to relevancy of facts and
proof in the court of law during the trial. It will help the students think about the process of
adducing evidence, principles of admissibility and exclusion of evidences in a trial. The course
will prepare the students to understand the relevancy and admissibility of the evidence
produced in the court in a suit or proceeding and understand how the facts need to be proved
in the courts it will assist students in analysing the process of adducing evidence through
witness examination and argument for or against admissibility of their evidence. The course
will effectively impart learning on the kinds of evidences, modes of proof and burden of proof.
It will also examine the law as a Lex Fori and the role of a judge while hearing and appreciating
the evidences on record in a suit or a proceeding.

COURSE OUTCOMES:
After completing this course, the students will be able to:
1.Analyse the concept and nature of different types of evidence;
2.Identify and apply the rules relating to relevance and admissibility of evidence in courts;
3.Understand the standard of burden of proof followed in civil and criminal cases;
4.Analyse the role played by the witnesses and evidentiary value attached to ocular
evidence vis-à-vis scientific evidence;
5. Understand the procedure of examination of witnesses and different categories of
witnesses involved in a suit or proceeding;
6. Explain the role and presumption powers endowed upon the judges during the trials;
7. Examine the applicability and admissibility of forensic science in civil and criminal
inion.
MODULE 1:
General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under
Information Technology (Amendment) Act 2008
1. Introduction and applicability of Indian Evidence
Act, 1872
1. Important terminologies under Indian Evidence Act, 1872
1. Doctrine of Res Gestae
1. Motive, Preparation and Conduct

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1. Conspiracy when relevant
1. When facts not otherwise relevant become
relevant
1. State of mind and body
1. Admissions and Confessions
1. Statements by persons who cannot be called
as witness
1. Judgements when relevant
1. Relevancy of opinions of third parties
1. Character when relevant
1. Definitions under Information Technology (Amendment) Act,
2008- S.2

MODULE 2: Proofs and Burden of Proof (ss. 56-117)


1. Facts which need not be proved
2. Oral and documentary evidence
3. Proof of electronic evidences
4. Public and private documents
5. Law relating to presumptions
6. Exclusion of oral by documentary evidence
7. Rules relating to burden of proof
8. Doctrine of estoppel

MODULE 3: Witnesses (ss. 118-167)


1. Who may testify?
2. Procedure for examination of witnesses
3. Questions to be put up to the witnesses
4. Credibility of witnesses
5. Judges power to put questions
6. Improper admission and rejection of evidence

MODULE 4: Forensic Evidence Use and applicability of Forensic Evidence in the


courts
1. Introduction and branches of forensic science
2. Forensic evidence and types of forensic evidences
3. Application of forensic evidence in civil and criminal cases
4. Relevance and use of forensic evidence under Indian Evidence
Act, 1872
5. Expert Witness and Admissibility
courts

Suggested Reading:
1. The Law of Evidence by Ratanlal & Dhirajlal
2. Law of Evidence by Vepa P Sarathi
3. The Law of Evidence by Justice Y V Chandrachud & V R Manohar
4. Textbook on Law of Evidence by Justice Monir
5.
6. Principles of Law of Evidence by Avtar Singh

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7. Supreme Court on Evidence by Chakraborty
8. Expert Evidence by Choudhary
9. Sarkar on Evidence
10. Law of Evidence by Dr. V Krishnamachari
11. Law of Evidence by S D Basu
12. The Law of Evidence by Dr. S R Myneni
13. Evidence Act by P R Reddy
14. Evidence Act by Nandi
15. Criminal evidence by Arshad, Subzwari
16. Phipson on Evidence
17. Nayan Joshi, Medical Jurisprudence and Toxicology, Kamal Publishers

PROGRAM: 3 Yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: LAW OF TAXATION

Course Code: Credits: 4

COURSE OBJECTIVES:

This course aims to help students to comprehend the basic principles of the laws governing
Direct and Indirect taxes. It also helps to understand the basic principles underlying the Income
Tax Act and Compute the taxable income of an assessee. It will also analyse the assessment
procedure and explain about the representation before appropriate authorities under the law.
The direct taxation is a powerful incentive or disincentive to economic growth, a lever which
can rise or depress savings and capital formation, and instrument of reducing income
disparities. The following course content has been designed to provide a comprehensive picture
of taxation in India.

COURSE OUTCOMES:

After completing of this course, the students will be able to:


1. Understand and appreciate the history of taxation in India and the Indian
Constitutional principles and provisions relating to Taxation
2. Understand and apply the Income Tax Act, 1961 provisions
3. Grasp the significant provisions of Central Goods and Services Act, 2017
4. Understand the Integrated Goods and Services Act, 2017
5. Understand the Maharashtra Goods and Services Act, 2017
6. Know the Maharashtra law on state tax on professions

120
MODULE 1:
1.1 History of Tax Law in India,
1.2 Constitutional provisions relating to Taxation
1.3 Nature and Scope of Tax
1.4 Definition: Persons, Assessees, Previous year, Assessment years, Financial year,
Income, Gross Taxable Income, Taxable Income, Agricultural Income, Tax Evasion
and Tax Avoidance

MODULE 2:
2.1 Income Tax, Residential Status: Rules (Sec.6),
2.2 Tax Liability Exemption, Deduction, related to individual, Expenses & Income, Rebate,
Deemed income and clubbing of income,
2.3 Carried forward and Set of losses
2.4 Heads of Income: Income from Salary, House property, Business and Profession, Capital
Gain and other sources
2.5 Calculation of Gross Total and Taxable income, Tax rebate and Computation of Tax
Liability
2.6 Taxation in cases of Mergers & Acquisitions
2.7Tax Collection/Deduction at source and Advance Tax

MODULE 3:
3.1 Assessment Procedure,
3.2 Types of Assessment Income Tax Authority: Their function, Duties and Powers, Appeal,
Offences, Fines and Penalties, Settlement of grievances and Prosecution, Income Tax Act,
1961, Income Tax Rules,
3.3 Advance Rulings, faceless assessment/e-assessment

MODULE 4:
4.1 Goods and Service Tax: - law, procedure, applicability, assessment, advance ruling
Central GST Act, 2017 Chapters 1 to 6
Integrated GST Act, 2017
Maharashtra GST Act, 2017 Chapters 1 to 6
4.2 Maharashtra State Tax on Professions, Trade, Callings and Employments Act, 1975

Suggested Reading

121
1. Dr. Girish Ahuja and Dr.Ravi Gupta, Systematic Approach to Taxation,
Bharat
2. Dr. Vinod Singhania and Dr .Kapil Singhania, Direct taxes law and
Practice, Taxmann
3. Sampath Iyengar, Law of Income tax, Bharat
4. K N Chaturvedi, Interpretation of Taxing Statutes, Taxmann
5. Dr. A L Saini & Dinesh Saini, Practice Guide to Appeals and Petitions
Under Income Tax Act
6. V.S. Datey, All About GST- A Complete Guide to New Model GST Law,
Taxmann

Lexis Nexis
8. Income Tax Act, 1961
9. B. B. Lal, Income Tax, Pearson

PROGRAM: 3 yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: INTELLECTUAL PROPERTY LAWS


Course Code: Credits: 4

COURSE OBJECTIVES
Intellectual Property Law has assumed immense importance in the contemporary era as a result
of the recognition that "knowledge is property" The course is designed with a view to create
IPR consciousness and to familiarize the learners about the documentation and administrative
procedures relating to IPR in India. The course is designed to understand the basic concepts of
different types of intellectual property and the laws relating to intellectual property rights with
special reference to Indian law and practice. The students will also be educated on the technical
aspects of patent system and the patent régime in India. The course aims to impart knowledge
on trademarks and their relevance in trade and commerce. It will disseminate knowledge on
copyright and related rights and their economic significance. The students will understand the
legal system governing intellectual property rights and their administration. The course will
also focus on the current trends and give an over-all understanding about economic, social and
cultural benefits of intellectual property to the society.

COURSE OUTCOME
After completing this course, the students will be able to:
1. Comprehend the fundamental aspects of intellectual property rights law in the special
statutes and judicial interpretations.
2. Understand the international conventions and institutions in this subject
122
3. Grasp and apply the Patent Act by learning the evolution of the law, registration of
patents, rights and remedies of patentees
4. Understand the law and practice of trade marks registration, rights and remedies in the
matter of use and breach of rights
5. Understand and apply the copyright law in India encompassing the law on the nature
and term of copy rights, copy right societies, rights and remedies
6. Understand the assignments, licensing, revocation and fair use of the Patents,
Trademarks and copy rights under the relevant statutes

MODULE 1: General Principles of Intellectual Property


1.1 Concept and meaning of Intellectual Property
1.2 Nature and characteristics of Intellectual Property Rights
1.3 Origin and development of Intellectual Property Rights
1.4 Kinds of Intellectual Property.
a. Patents
b. Trade Marks
c. Copyrights
d. Industrial Designs
e. Trade Secrets/ Undisclosed Information
f. Geographical Indications
g. Layout Designs of Integrated Circuits
1.5 Economic analysis of Intellectual Property Rights.
1.6 Advantages and disadvantages of Intellectual Property Rights.
1.7 Basic International Conventions and International Institutions relating to Intellectual
Property:
Paris Convention for the Protection of Industrial Property, 1883.
The Berne Convention, 1886.
Trips Agreement, 1994.
GATT and WTO.
WIPO.

MODULE 2: Law of Patents [The Indian Patents Act, 1970


2.1 Evolution of Patent law in India
2.2 Patentable and Non-Patentable inventions

123
2.3 Prerequisites Novelty, Inventive Step and Industrial Application
2.4Concept of Prior art, Anticipation and Person skilled in the art
2.5Specifications Provisional and Complete Specifications
2.6 Pre-Grant and Post Grant Opposition
2.7 Grant/Sealing of Patents and Term of Patents
2.8 Rights of Patentee
2.9 Surrender and Revocation
2.10 Assignment and Licensing
2.11 Fair use
2.12Infringement, Remedies and Defences
2.13 Patent Agents

MODULE 3: Law of Trademarks [The Trade Marks Act, 1999]


3.1 Introduction to Trademarks and their Evolution in India
3.2 Need for protection of Trademarks
3.3 Kinds of Trademarks: Registered and Unregistered, Conventional and Non-conventional
Trademarks, Service Marks, Collective Marks, Certification Marks, Well-Known Trademarks
3.4Procedure for Registration
3.5Grounds for Refusal of Registration
Absolute grounds
Relative grounds
3.6 Opposition to Registration
3.7 Rights of Proprietor of Trademark
3.8 Assignment and Licensing of Trademark
3.9 Infringement and Passing Off
3.10 Remedies and Defences for Infringement and Passing Off

MODULE 4: Law of Copyright [The Copyright Act, 1957]


4.1 Evolution of Copyright Law in India
4.2 Nature and scope of Copyright
4.3 Term of Copyright
4.4 Works in which Copyright subsists: Literary Works, Dramatic Works, Musical Works
and Artistic Works, Sound Recordings, Cinematograph Films

124
4.5 Neighbouring Rights: Performers Rights, Rights of Broadcasting Organizations and
Rights of the Producers of Phonograms
4.6 Authorship and Ownership of Copyright
4.7 Copyrights: Economic and Moral Rights
4.8 Assignment and Licensing
4.9Fair Use Provisions
4.10 Infringement of Copyrights and Remedies
4.11 Copyright Societies
4.12 Powers of the Copyright Board
4.13 Copyright issues in Digital Environment

SUGGESTED READING:
1. , Eastern Law House
2. Patent Law
3. Law Relating to Patents, Trademarks, Copyright, Designs and
Universal Law Publishing
4.
5. , Eastern
Book Company
6. , Tata McGraw
7. W.R.Cornish , Sweet and Maxwell
8. , Long Man
9. ,
Cengage Learning India Pvt. Ltd.
10. Intellectual Prope , PHI Learning Pvt. Ltd.
11. , LexisNexis

WEBSITES:
1. Cell for IPR Promotion & Management (http://cipam.gov.in/)
2. World Intellectual Property Organization (https://www.wipo.int/about ip/en/)
Office of the Controller General of Patents, Designs and Trademarks
(http://www.ipindia.nic.in)

125
PROGRAM: 3 yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: LAW OF BANKING and Negotiable Instruments

Course Code: Credits: 4

COURSE OBJECTIVES:

This elective course on banking law will equip the future lawyers with the necessary knowledge
and skills for academics, practice and critical evaluation. The course will focus on the
provisions and principles of the various banking statutes. .The course is designed to primarily
acquaint the students with operational parameters of banking law, and to teach the general
principles of banking law and to develop appreciative faculties of the students in statutory
as well as case - law in this area.

COURSE OUTCOMES:
After completing this course the students will be able to:
1. Understand in detail the Banking operations.
2. Interpret the relevant protocols to be followed by banks and financial institutions.
3. Know the relevant permissions and applicable laws for the smooth functioning of
banking company and other financial institutions.
4. Understand the relevant laws applicable for bad loans and insolvency with reference
to Insolvency and Bankruptcy Code, 2016 and Securitisation and Reconstruction of
Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act)
5. Understand the importance of cash reserves with study of Cash Reserve Ratio (CRR)
and Statutory Liquidity Ratio (SLR)
6. Know Basel II & Basel III international strategies followed to manage efficient
functioning of banking system in other foreign countries.
7. Apply the rules of The Foreign Exchange Management Act, 1999 in respect to the
foreign investments and understand the importance of Securities and Exchange Board
of India (SEBI)and Reserve Bank of India (RBI).
8. Understand the power of the Reserve Bank of India and the Central Government.

MODULE 1:
1.1 Introduction Concept of Banking
1.2 Structure of Indian Banking system
1.3 Types of Common Banking Institutions
1.4 Functions & roles of financial institutions
1.5 Introduction to IBC Object, Financial Institutions, Information utilities
126
MODULE 2:
Laws Governing Financial Institutions in India
2.1 Banking Regulation Act, 1949
2.2Reserve Bank of India (RBI) Act 1934
2.3 RBI rules & Notifications (Banking) 1949
2.4 Cash Reserve Ratio (CRR) and Statutory Liquidity Ratio (SLR)
2.5Basel II &III Capital Requirements

MODULE 3:
3.1 SEBI
3.2 The Foreign Exchange Management Act, 1999 (FEMA)
3.3 Securitisation and Reconstruction of Financial Assets and Enforcement of Securities
Interest Act, 2002 (SARFAESI)
3.4 Bankers Book of Evidence Act, 1891

MODULE 4:

4.1 Negotiable Instruments Act, 1881


Kinds of Negotiable Instruments and their features and presentment
Holder and holder in due course
Dishonour and liability
Discharge
Special presumptions and rules of evidence
4.2 Powers and functions of Debt Recovery Tribunal and Debt Recovery Appellate
Tribunals under Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Reference books
1. Banking Regulation Act bare act, commentary (Taxman/Lawmann)
2. RBI ACT Bare Act, commentary (Taxman)
3. Guide to SARFAESI Act 2002 Act ( Taxman)
4. Introduction to Negotiable Instrument Act, 1881 commentary by Avtar
Singh
5. FEMA Fundamental Aspects and Practical Issues Chamber of Tax
Consultancy
6. SEBI ACT ,1992 (CV Bhave)
7. IBC Code
8. Banking Law & Practice In India Lexis Nexis;, by M.L. Tannan

127
9. Banking Theory Law & Practice by Varshney P.N. Sundharam K.P.M.Sultan
Chand and Sons

PROGRAM: 3 Yr/5 yr Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: LAW AND MEDICINE

Course Code: Credits: 4

COURSE OBJECTIVES
The course is designed to impart the students an understanding of the areas of health law and
various kinds of Alternative Medicine law in India. It will help in analyzing lacunae within the
professional obligations of doctors and understand the doctor-patient relationship. The students
will be taught to synthesize various related provisions under Constitution, Tort Law, Indian
Penal Code and the Consumer Laws. The
special emphasis on the legal and ethical issues surrounding the administration of treatment of
medical procedures in the backdrop of advancement of science and technology is covered. This
syllabus is designed to enable the students to be legally armed for skilful advocacy as practicing
lawyers and jurists in future. Overall, this course aspires to provide in-depth understanding of
working of the medical profession, and equip students accordingly with the requisite
knowledge to protect the interests of people, prevent wrongs and remedy wrongs.
COURSE OUTCOMES
After completing this course the students will be able to-
1. Understand the relationship between the law and medicines, medical professionals and
all allied alternative medical professions
2. Analyze the international legal framework for the law and medicine, and identify
situations that frequently present legal issues in the healthcare industry.
3. Understand the legal, social, and economic risks of potential legal claims.
4. Acquire detailed knowledge of regulation of traditional medicines and essential
medicines through the AYUSH ministry.
5. Interpret the policy of the government regarding medicine e.g. pricing of medicines,
spurious drugs, and advertisements.
6. Understand the specific legislations pertaining to law and practice on clinical trial,
organ transplantation, Pre conception and pre-natal diagnostics techniques law and the
Magic Remedies.

MODULE 1: Right to Health and Different Provisions having bearing on Right to


health in the Indian Constitution
1.1Health care Delivery System in India-

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1.1.1
with affiliated Medical colleges, Advanced Centres aided by private sector which
run corporate hospitals, small multi-specialty hospitals and nursing homes.
1.1.2. Limitations of smaller setups, Procedure and Requirements while starting a
new Setup,
1.1.3. - International
Organisation for Standardization, National Accreditation Board for Hospitals
1.2. Control of Medical Profession - Functions of the Commission/Councils under the
following Acts
1.2.1. National Medical Commission Act, 2019
1.2.2. The Indian Medical Council (Professional Conduct, Etiquette and Ethics)
Regulation 2002
1.2.3 The Indian Medicine Central Council Act, 1970
1.2.4 Homeopathy Central Council Act.1973
1.2.5 Importance of Registration (Different Courses, Recognition schedule 1 of
MCI Act)
1.2.6 Self-Regulation through Codes of conduct, Rights and duties of
Registered Medical Practitioner, Unethical Acts and Misconduct

1.3 Varieties of Medical Profession


1.3.1 Ayush Ministry, Purpose
1.3.2Ayurveda, Siddha, Unani, Homeopathy and Allopathy Recognized
Courses
Yoga and Naturopathy
1.3.3. Different Degrees Conferred, Doctors getting Degrees from Abroad,
Crosspathy Practice and Mixopathy

MODULE 2: Doctor Patient Relationship


2.1. Medico legal Implications of Consent, Different types of consent,
Informed Refusal and Therapeutic Privilege.
2.2. Importance of Documentation, Certificates in Medical practice, Medical
Record,
2.3 Confidentiality and Privileged Communication between Doctor and
Patient
2.4. Patients Right to self Determination and Euthanasia- Legal Position in
India
2.5. Concept of living Will and Request for DNR- Do Not resuscitate
2.6 Professional Obligations of Medical Professionals

129
MODULE 3: Medical Negligence and Different remedies
3.1 Negligence in Medical Practice, Contributory Negligence and Different
Remedies
3.2. Errors in Medical Practice, Medical Accidents
3.3. Consumer Protection Act, 2019 and Medical Profession
3.4 Violence Against doctors and Medical Establishments (Legal provisions)
3.5. Criminal Law Remedies

MODULE 4: Medico Legal Issues


4.1 Clinical trials of drugs on Humans and Law, Nuremberg code, Helsinki
declaration and Good Clinical practice
4.2 Road accidents, sexual assaults
4.3 The Drug and Magic Remedies (Prevention of Objectionable Advertisement) Act,
1954
4.4 Transplantation of Human Organs Act, 1994
4.5 Pre Conception and Pre Natal Diagnostic Techniques Act, 1994
4.6 Disaster Management Act, 2005 - Mass Disasters
4.7 Medical Insurance
Text Books and Reference Books:
1. Jaypee Brothers Medical
Publishers, New Delhi, 2010
2. Dr. Lily Srivastava, Law And Medicine, Universal Law Book Agency, New Delhi;
3. Malik, Surendra, & Sudeep, Supreme Court On Drugs, Medical Laws And Medical
Negligence,Eastern Book Company, New Delhi. 2014;
4. Nandita Adhikari, Law & Medicine, Central Law Publications, Allahabad, 4th Ed.
2015.
5. Siddhartha Mukherjee, The Laws Of Medicine, Ted Books
6. Emily Jackson, Law And The Regulation Of Medicines, Hart Publishing House
7. Sheila A M Mclean, Contemporary Issues In Law, Medicine And Ethics, Dartmouth
Publishing Company Limited, Hampshire, 1996
8. Tapas Kumar Koley. Medical Negligence and the Law in India. Duties
Responsibilities And Rights .Oxford University Press -2010.
9. Dr.S.B.N Prakash. Mental
10. S.K.Verma.Legal Framework for Health Care in India Lexis Nexis Butterworths
2002.
11.
12. Kannan K. Medicine and Law. Oxford University Press 2014.

13.Manson J.K
University Press 2006

130
1. Veitch.Kenneth. The Jurisdiction Of Medical Law .Ashgate Publishing 2007
1. Lawrence Gostin.Principles of Mental Health Law and Policy. Oxford University Press
2010
1.
1. Andrew Grubb. Principles Of Medical Law .Oxford University Press 2010

PROGRAM: 3 yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: LAW RELATING TO WOMEN AND CHILDREN


Course Code: Credits: 4

COURSE OBJECTIVES
This elective course is to facilitate learning of special laws to protect women and children.
Identified as vulnerable by the international community of states, a few international
instruments have been adopted for the protection of the rights of women and children. There
are various national efforts also to protect women and children. This course offers an
opportunity to substantially learn the international and national law on protection of women
and children from human rights perspectives.
COURSE OUTCOME
After completing this course, the students will be able to:
1. Understand the status of women and children nationally and internationally.in the human
rights perspectives
2. Appreciate and apply the international conventions on women and children.
3. Identify and analyse the constitutional provisions safeguarding the woman and the child
4. Understand the specific Laws related to women and children in India.
5 Comprehend the State initiatives, and judicial pronouncements on issues relating to gender
justice and justice for children

MODULE 1: Social, Constitutional and International legal status of Women.


1.1.Status of Women in India- Pre-Independence period, Social and legal inequality, Social
Reform Movement in India, Karachi Congress , Fundamental Rights Resolution, Equality of
Sexes
1.2Constitution of India and Women- Preamble, Fundamental Rights, Directive Principles of
State Policy, Reservation for women in local bodies ,
1.3. Personal Laws relating to marriage, divorce, succession and maintenance with special
emphasis on discrimination of women, Uniform Civil Code towards gender justice, Special
Marriage Act, 1954
1.4. Criminal Laws and Women:

131
Provisions to protect women under Indian Penal Code 1860, Code of Criminal Procedure,
1973 and Indian Evidence Act, 1872

1.5 Position of Women under International instruments - Salient features of Convention for
Elimination of all forms of Discrimination against Women (CEDAW) and optional protocols
to the Convention
MODULE 2:- Women Welfare Laws
2.1Pre-conception and pre-natal diagnostic techniques (Prohibition of Sex Selection) Act,
1994 and Medical Termination of Pregnancy Act, 1971
2.2. Indecent Representation of Women (Prohibition) Act, 1986
2.3. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act,
2013
2.4. Dowry Prohibition Act, 1961
2.5 Protection of Women from Domestic Violence Act, 2005
2.6Immoral Traffic (Prevention) Act, 1956
2.7. Maternity Benefit Act, 1961 and Factories Act, 1948
2.8 National Commission for Women Act, 1990
Module III: Social, Constitutional and International legal status of Child
3.1- Socio Legal Issues
Deferred infanticide through biased nutritional discrimination, Regulation of the
employment; Child Labour, Recommendations of the National Commission of Labour,
Female Foeticide

3.2. Constitutional concern Article 15(3), Article 21A, Articles 23, 24, 28, 29 Article 39
(e) and (f)and Article 45, Article 243(G) Schedule XI, Article 350A State responsibility for
the education of children, Constitutional safeguards to Children
3.3 Safeguards under Indian Penal Code, 1860, Hindu Adoptions and Maintenance Act,
Hindu Minority and Guardianship Act, Tort law, Contract law and partnership law
3.3International concern and endeavour for the welfare of the Children:
Minimum Age Convention, 1973
U.N. Declaration of the Rights of the Child, 1959
Role of UNESCO, UNICEF and ILO
UN Convention on Rights of a Child, 1989

MODULE 4: Special Legislation for the Protection of Children


4.1 Prohibition of Child Marriage Act, 2006
4.2 The Right of Children to Free and Compulsory Education Act, 2009
4.3 National Food Security Act, 2013
4.4, Child Labour (Prohibition and Regulation) Act 1986
4.5 Commissions for the Protection of Child Rights Act, 2005

132
4.6 Young Persons Harmful Publications Act, 1956
4.7 Immoral Traffic (Prevention) Act, 1956
4.8 Bombay Prevention of Begging Act, 1959

Recommended Readings:
1. S.P. Sathe: Towards Gender Justice.
2. Dr. Vijay Sharma: Protection to woman in Matrimonial home
3. Dr. Sarojini Saxena: Femijuris(Law relating to Women in India)
4. Dr. Archana Parsher: Women and Social Reform
5. Dr. Paras Diwan: Dowry and protection to married women
6. Mary Wollstonecraft: A Vindication of the rights of women.
7. Dr. G.B.Reddy: Women and Law, 2nd Edn. Gogia Law Agency, Hyderabad,
1998.
8. Dr. Anjali Hastak, Empowerment of women through Property Rights in Hindu
Law, SPARC publication, Chandrapur
9. Flavia Agnes Law and Gender inequality
10. Ajit Ray Widows are not for burning
11. A.S.Altekar Position of Women in Hindu Civilization
12. Flavia Agnes State, Gender and Rhetorics of Law of Reforms
13. S.N.Jain (Ed) Child and the Law (ILI)
14. Asha Bajpai Child Rights in India: Law, Policy and Practice.Oxford 2003 New
Delhi.
15. Encyclopaedia of Laws of the Child in India. S.P.Shaw. Alia Law Agency

PROGRAM: 3 Yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: LAW OF INSURANCE

Course Code: Credits : 4

This elective course aims to impart the principles and characteristics of the Laws of
Insurance to the students. It will help the students to be aware of the process and need of
nationalization and the subsequent privatization of the insurance sector in India. The
course also will deliberate upon the legislations relating to Insurance and Insurance Sector
in India, characteristics and functions of insurance companies, types of insurance and
specific provisions relating to regulatory mechanisms for regulating the insurance sector
and current developments, issues and challenges.

COURSE OUTCOMES
After completing this course, students will be able to:
1. Learn the evolution of the insurance sector in India ;
2. Familiarize with the basic principles of the Laws of Insurance ;

133
3. Understand and apply the insurance legislations and regulations in India ;
4. Understand and evaluate the strengths and shortcomings of insurance sector
and regulations in India ;
5. Promote and involve themselves in consumer education and awareness in the Insurance
sector ;

MODULE 1: Introduction
1. 1 Insurance : Definition, Nature, Scope,
History, Its future, need and importance in India
and across the globe
1. 2 Risk : Definition, Nature, Relation between Risk and
Insurance, Concept of Risk Management
1. 3 Kinds of Insurance , Types of Insurance Polices, Law of Contract, Proposal,
Consideration, Re-insurance and Double Insurance
1. 4 General Principles of Law of Insurance, Good Faith (Uberrima Fides), Subrogation,
Indemnity, Insurable Interest, Misrepresentation, Causa Proxima, Loss minimization,
Contribution
1,5 Insurance Policy, Assignment and Nomination
1. 6 Insurance service under Consumer Protection Act, 2019

MODULE 2: Insurance Regulatory Framework in India


2.1 Insurance Regulatory and Development Authority (IRDA) Act, 1999, IRDAI, its
functions, role, structure

2.2 Nationalization, Privatization and Globalization of Insurance Secto

2.3 Insurance pertaining to Life and Personal Accidents, Hospitalization

2.4 Life Insurance Nature, Principles and Scope Events insured against life, life insurance
contract, persons entitled to payments, settlement of claims
Mediclaim, Sickness Insurance, Personal Accidents

2.5 Motor Vehicles Act, 1988, Salient features, (Chapter VIII), Nature and Scope, persons
governed, Third party liability of owner, duty to inform the Third Party, rights and
limitations of the third party, Claims Tribunal : constitution, functions, procedures,
powers and award.

MODULE 3: Non-Life General Insurance

134
3.1 Marine Insurance: Nature and Scope - Classification of Marine policies - The
salient features of the Marine Insurance Act, 1963, Insurable interest, Insurable value,
Seaworthiness, Hull and Cargo Insurance
3.2 Marine Insurance policy, Conditions and express Warranties, Voyage Deviation,
Perils of sea, Loss - Kinds of Loss of ship and of freight

3.4 Property Insurance: Policies covering risk of explosion, earthquake, and


flood. Policies covering accidental loss, damage to property, construction
risks
3.5 Burglary, Theft, Civil Commotion and Strikes, other Endorsements
3.6 Fire Insurance: Nature and scope of Fire Insurance Basic Principles
Conditions & Warranties, Right & Duties of Parties, Claims and other
related Legal Aspects of General Insurance

MODULE 4: Social Insurance in India


4.1 Social Insurance : Meaning, Scope, Characteristics, Need
and Limitations
4.2 Agriculture Insurance, Crop Insurance in India, Crop
Insurance Underwriting, Claims, Problems associated with
Crop Insurance, Cattle Insurance in India
4.3 Public Liability Insurance: Public Liability Insurance Act,
1991 (An Overview) Claims, Role of Consumer courts and
Insurance Ombudsman
4.4 Insurance schemes for sick, infirm, old, labour, premature
death, Divyangjan, Pension earners, families affected by
death of sole breadwinner, relief available to those who die
due to pandemic, calamities and natural disasters
4.5 Unemployment Insurance, Insurance for
special category of persons like, Circus
workers, seamen etc.
4.6 Professional Negligence Insurance, impact
of Contributory Negligence,
4.7 Compulsory Insurance
Relevant Statutes

Insurance Act, 1938.


The Marine Insurance Act, 1963.
General Insurance (Business) (Nationalization) Act, 1972.
The Life Insurance Corporation Act, 1956.
Motor Vehicle Act, 1988
Public Liability Insurance Act, 1991

Suggested Reading
1. Brijnandan Singh Law of Insurance
2. Singh,Avtar, Law of Insurance, (2004)
3. Banerjee, Law of Insurance
4. E.R. Hardy Ivamy Principles of Insurance
5. Gow Colinvaux Law of Insurance
6. John Hanson and Christopals Henly All Risks Property Insurance (1999)

135
7. K.S.N. Murthy and Dr. K. V.S. Sarma Modern Law of Insurance.
8. Marine Insurance Hardy Ivamy
9. Mitra B.C. Law of Marine Insurance

1. Murthy K.S.N and K. V. S. Sharma , Modern Law of Insurance in India, (New


Delhi:Lexis Nexis,2009)
1. Srinivasan , M.N., Principles of Insurance Law, 7th Edition, (Nagpur: Wadhwa and Co.,
2004)

PROGRAM: 3 Yr/5 yr Professional Law

Third Year LLB/ Fifth Year B.L.S LL B

Semester: VI/X

Course Title-: CONFLICT Of LAWS

Course Code: Credits: 4

COURSE OBJECTIVES:
The course aims at explaining the principles of the Private International Law, also known as
Conflict of Laws. The students will be learning the rules that enable finding that law of that
country which will govern disputes among private parties involving a foreign element. This
course introduces students to private international law, as to the fundamental concepts and
mechanism of the branch of law, and the legislative rules, judicial interpretations issued by
Authorities. The students will be introduced to practical aspects of civil and commercial
practice relating to cross border issues involving contracts, property, succession, marriage,
divorce, and adoption. Study of this law will also give an international and comparative
perspective to the study of different laws required in practice of civil law

COURSE OUTCOMES

After completing this course, the students will be able to:


1. Define the principles of conflict of laws and its application in cases involving foreign
elements
2. Explain the concept of recognition and enforcement of foreign judgments;
3. Apply the principles of conflict of laws in relation to the Indian legal mechanism and
its practices.
4. Analyse the issue of jurisdiction and application of foreign laws in a case where
foreign element is involved;

MODULE 1: Introduction and Stages of Analysis in Private International Law


1.1 Definition, meaning and scope of private international law
1.2 Theories concerning private international law

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1.3 Sources of private international law
1.4 Primary Characterization defining the legal nature of the cause of action
1.5 Determining the connecting factor articulating the relevant private
international law
Principles
1.6 Delimitation and application of lex causae
1.6.1 Doctrine of Renvoi
1.6.2 The Scope of application of lex causae
1.6.3 Substance and Procedure
1.6.4 Depecage and Incidental question
1.7 The Act of State Doctrine

MODULE 2: Issues Relating to Jurisdiction and Enforcement of Foreign Judgment.


2.1 General Issues relating to jurisdiction
2.1.1 Jurisdiction and its implications in private International Law
2.1.2 Action in personam and action in rem in private international law
2.1.3 Action in personam: actor sequitur forum rei principle and its
implications
2.2 In Personam Jurisdiction The English Common Law and Indian Position
2.3 Action in Rem: Admiralty Jurisdiction in India
2.4 EC Regulation on Jurisdiction and the Recognition and Enforcement of Judgment (Brussels
Regulation I and Recast Regulation)
2.5 The Mareva and Worldwide Mareva Injunctions International Dimensions
2.6 Effects of Jurisdiction Clauses in India and under the Common Law
2.7 Enforcement of foreign Judgments
2.7.1 Need recognizing foreign judgments 8.2 Limitations in recognizing and enforcement
2.7.2 Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act
2.7.3 Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and
Commercial Matters, 1968

MODULE 3: Applicable Law Family Matters


3.1 Domicile as deciding factor
3.1.1 Concept of Domicile
3.1.2 Common Law Approach
3.1.3 Indian Approach
3.2Jurisdiction and Choice of Law Issues in Family Matters

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3.3 Marriage and Matrimonial Causes
3.4 Legitimacy and Legitimation
3.5 Adoption, Guardianship and Child Custody (Jurisdiction and Choice of Law
Issues)
3.6Hague Conference on Private International Law

MODULE 4: Applicable Law: Contracts and Commercial Matters


4.1 Governing Law and Transnational Contracts Common Law and Indian Law
4.2 Rome Regulation I on Contractual Obligations
4.3 IMF and Exchange Contracts
4.4 Negotiable Instruments
4.5 Torts and Rome Regulation II [Non-Contractual Obligation]

Suggested Reading

1. Setalvad, Atul M., Conflict of Laws, Lexis Nexis, 2014.


2. Paras Diwan, Private International Law: Indian and English; Deep & Deep, 2008.
3. K.B. Agrawal& Vandana Singh, Private International Law in India, Wolters Kulwer
International, 2010
4. V. C. Govindraj, The Conflict of Laws in India- Inter-Territorial and Inter-Personal
Conflict Oxford University Press, 2011.
5. Dicey, Morris & Collins, Conflict of Laws, Sweet and Max well 15th ed., 2016.
6. James Fawcett and Janeen M Carruthers, Cheshire a
Law Oxford University Press, 14th ed., 2008.

Drafting , Pleading and Conveyancing III


LL B Semester VI/ BLS LL B Semester X
Course Objectives This course is the third on the subject of drafting. The main objective
is to train students in drafting of pleadings to be submitted in courts. Module I will focus
on the civil pleadings like plaint written statement and others. Module II will include the
training in drafting of pleadings required in criminal courts viz complaints bail
application and others. Module III is devoted to the teaching- learning of drafting in the
matter of civil and consumer-appeals, revision and others.
The last module is unique as it gives an opportunity to learn the drafting of bills and
judgments

Course outcomes
At the end of the course the students will be able to
1. Draft independently the civil pleadings
2. Draft the pleadings required in criminal matters including appeals, revision and others
3. Draft the pleadings in civil and consumer appeals, revisions and related matters
4. Draft bills and amendment bills
5. Draft judgment and orders
Module I-

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1. Drafting of the Plaint in Suit and Summary suit, Notice of motion and
Affidavit in support ,
2. Drafting of Written Statement and affidavit in support
3. Interlocutory Applications
4. Chamber Summons and affidavit in support thereof
5. Purshis /, Praecipe
6. Execution Petition

Module II -
1. Criminal Complaints
2. Complaints of dishonour of cheque (S. 138, N I Act)
3. Miscellaneous applications
4. Bail Applications
5. Anticipatory Bail Applications
6. Memorandum of Appeal and Revision

7. Transit Bail Application


8. Applications under S. 482, Cr P C

Module III -
1. Civil Memorandum of Appeal and Memorandum of revision
2. Criminal Memorandum of Appeal and Memorandum of revision
3. Review Petitions- civil, criminal and constitutional
4. Petition under Article 226 and 32 of the Constitution of India.
5. Applications for correction of typographical or other errors in the
judgment/order
6. Speaking 2 (Two) Minutes Application
7. Appeal and revision under CPA, 2019

Module IV -
1. Drafting of Bills and Amendment Bills
2. Drafting of Judgments and Orders

Recommended Readings
1. Kumar H.L., Legal Drafting - Do it yourself, Universal Law House, 2016
2. Universal Law Publishing Co Pvt. Ltd., 2018 Justice P.S.Narayana, Pleadings
and Practice (Civil & Criminal), Asia Law House, 2017
3. Dr. Amit Sen, Legal Language, Legal Writing and Legal Drafting, Kamal Law House,
Kolkata, 2008.
4. SR Myneni, Legal Language and Legal Writing, Asia Law House, Hyderabad, 2019

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5. Medha Kolhatkar, Drafting, Pleading and Conveyancing, LexisNexis, 2015.
6. S P Aggarwal, Pleadings, an Essential Guide, 2nd ed, LexisNexis, 2013.
7. S P Aggarwal, Drafting and Conveyancing, LexisNexis 2015.
8. S D Singhs, Judgments and how to write them, EBC
9. Robinjeet Singh, An insight into Judgment Writing, AMALTAAS Publication, 2020
Edition.
10.

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